Question Period Note: Pandemic Agreement

• Through an Intergovernmental Negotiating Body (INB), Member States of the World Health Organization (WHO) are developing a new WHO instrument (i.e., a convention, treaty, accord, agreement or other international instrument) on pandemic prevention, preparedness, response and recovery.

• COVID-19 has demonstrated the need to take bold action to ensure we are better prepared for the next pandemic.
• Canada is working closely with international partners, including the World Health Organization and the Pan American Health Organization, and the broader global community to strengthen global health security.
• With respect to global health threats that cross borders, we can best advance and protect Canadian interests through effective rules-based international systems.
• Canada supports the development and negotiation of a WHO international agreement to improve multilateral cooperation on pandemic prevention, preparedness, response and recovery.
IF PRESSED ON CANADA’S POSITION ON THE PANDEMIC INSTRUMENT OR SOVEREIGNTY CONSIDERATIONS

• When negotiating a new international agreement, the Government of Canada will always carefully consider:
- its potential impact on our existing domestic laws and policies; and
- if there is a need for domestic legislation to implement our international obligations.
• If Canada decides to ratify the Pandemic Agreement, the Government of Canada will remain responsible for and in control of any future domestic decisions about national restrictions or other measures related to pandemics. The WHO is an international organization that does not have jurisdiction in Canada.
IF PRESSED – ENGAGEMENT WITH PROVINCES, TERRITORIES, INDIGENOUS ORGANIZATIONS AND OTHER PARTNERS AND STAKEHOLDERS ON THE INSTRUMENT
• Canada is taking a whole-of-government, whole-of-society approach in the development of the Pandemic Agreement to ensure that Canadian priorities and values are reflected.
• The Government of Canada hosted a Pandemic Instrument (Agreement) Partner and Stakeholder Engagement Forum in March 2023 to discuss key thematic issues with Canadian academia; federal, provincial and territorial representatives; Indigenous partners; youth; private sector; and non-governmental organizations. A follow up Pandemic Agreement Regional Engagement Series was undertaken in January and February 2024 to gather feedback on the draft negotiating text.
IF PRESSED – HEALTH, SOCIAL AND ECONOMIC IMPACTS OF THE INSTRUMENT
• Global efforts to enhance pandemic prevention, preparedness, response and recovery are expected to yield significant health, social and economic benefits for Canadians and the broader global community.

In December 2021, at the World Health Assembly (WHA), the 194 WHO Member States, including Canada, agreed to develop a new WHO instrument (i.e., a convention, treaty, accord, agreement, or other international instrument) on pandemic prevention, preparedness, and response through an Intergovernmental Negotiating Body (INB).
The first INB meetings established a process to develop the Pandemic Agreement, including timelines, milestones and modalities for stakeholder engagement. Member States identified that a finalized instrument will be considered as a legally binding treaty, convention or agreement, without excluding the option to adopt the instrument as binding regulations.

Member States themselves are fully leading the process to develop a Pandemic Agreement and will decide on its content, with the WHO supporting the INB by offering technical, scientific and legal guidance. Member States submitted a progress report to the 76th WHA in May 2023, and a final outcome is targeting the 77th WHA in May 2024.

Potential substantive elements of the Pandemic Agreement could include:
• improving health equity as a core objective;
• strengthening prevention and surveillance measures, including through a One Health approach and addressing antimicrobial resistance;
• leadership and governance issues;
• pathogen access and benefit sharing;
• health system and workforce strengthening;
• improving access to medical countermeasures, including through research and development, sustainable production, tech transfer on voluntary and mutually agreed terms, supply chain and logistics, procurement and distribution, and regulatory strengthening; and,
• enhancing communication and public awareness and addressing misinformation/ disinformation.

Canada is actively engaged in the Pandemic Agreement process and is committed to a whole-of-government and whole-of society approach. Canada’s stakeholder engagement strategy is based on principles of transparency, accountability, and inclusivity, and outlines Canada’s guiding principles in the development of the instrument. These guiding principles include evidence informed decision making and respect for national contexts, as well as key multi-sectoral issues such as One Health and health equity.

The Health Portfolio is working with Global Affairs Canada to engage relevant federal government departments, provincial and territorial governments, National Indigenous Organizations, and other partners and stakeholders in the development of the Agreement. Negotiations began on February 27, 2023, based on a principles and objectives-based negotiating mandate.

• In December 2021, Canada and other WHO Member States agreed to launch the INB, a Member State-led process to develop a Pandemic Agreement.
• INB Negotiations began in February 2023 following the release of the Zero Draft. The text has subsequently gone through a number of iterations; a revised WHO Pandemic Agreement negotiating text was shared with Member States on April 22, 2024.
• A progress report was presented at the 76th World Health Assembly (WHA) in May 2023, and a final outcome (i.e., a finalized agreement) is expected to be presented for consideration at the 77th WHA in May 2024.